Justice Sotomayor Argues People Knowledgeable about FBI Crime Stats Really should be Banned From Capital Event Juries

Juror said the person understood non-whites to be additional prone to violent crime.

Supreme Court docket justice Sonia Sotomayor published a dissenting opinion reasoning that jurors who convey familiarity with FBI crime numbers should be banned from Financial case juries for “ racial bias. ”

Yes, extremely.

The point of view was in relation to Kristopher Enjoy, a black man who was simply convicted of capital killing in the course of a robbery the fact that happened in 2015.

Before Love’s demo, prospective members of the jury filled out a questionnaire which included the following two questions.

“ 68. On earth do you sometimes personally harbor opinion against members of specified races or ethnic classes? ”

“ 69. Do you believe that several races and/or ethnic peoples tend to be more violent than other people? ”

Your prospective juror answered very little to the first question however answered yes to the next and explained that he grasped “[n]on-white” contests to be the “ more thrashing races” because he had viewed statistics to this effect on “[n]ews studies and criminology classes” he had taken.

Regardless of the juror making clear that his views were based at statistics and not his personal thoughts about black people, Love’s counsel moved to exclude this prospective juror based on “ his stated beliefs the fact that… non-whites commit more violent crimes than whites. ”

“ Giving this man on the court would be an invitation to help leaving someone on there that might make a decision on Special Challenge No . 1 that would finally lead to a sentence about death on his preconceived symbole and beliefs that have to do with the race of the offender, ” counsel argued.

The trial the courtroom ended up denying counsel’s require to have the juror removed plus Love was later sentenced to death.

Sotomayor’s dissenting opinion is without a doubt republished in part below.

Cite as: 596 U. S. ____ (2022) 1

SOTOMAYOR, J., dissenting

BEST COURT OF THE UNITED STATES

KRISTOPHER LOVE v. TEXAS

ON PETITION FOR WRIT OF CERTIORARI TO THE JUDGE OF CRIMINAL APPEALS IN TEXAS

No . 21– 5050. Decided April 17, 2022

The petition for a writ of certiorari is denied.

JUSTICE SOTOMAYOR, with who JUSTICE BREYER and

JUSTICE KAGAN join, dissenting from the denial of the conclusion vacatur.

[…] The sitting of a racially biased juror, therefore , can never be safe. As with other forms of disqualifying bias, if even unique racially biased juror is undoubtedly empaneled and the death punishment is imposed, “ their state is disentitled to do the sentence, ” Morgan v. Illinois, 504 Ough. S. 719, 729 (1992).

In this case, petitioner Kristopher Love, a Black man, claims that one of one’s jurors in his capital trial run was racially biased given that the juror asserted during jury selection that “[n]on-white” races were statistically more violent than the whitened race. […]

To tell the truth that, for whatever reason, non-whites in the states are more prone to commit thrashing crime than whites regarding capita. The statistics are really indisputable.

“ As we saw with Sotomayor’s embarrassing performance earlier this year while arguing in favor of vaccine mandates, she’s not very good with information, ” produces Chris Menahan.

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